(Download) "People V. City Of Thornton And Edward B. Sutton" by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: People V. City Of Thornton And Edward B. Sutton
- Author : Colorado Supreme Court
- Release Date : January 30, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
This is an appeal from a judgment of the District Court for Water Division 1 (water court) deleting two water rights from the 1984 revised abandonment list prepared by the division engineer. The water rights at issue were decreed to Heim Wells Nos. 1 and 2 through a supplemental adjudication in 1972. The water court held that the division engineer had established a presumption of abandonment for both of the water rights by showing that for a period of ten years or more the water available under the decreed rights had not been applied to a beneficial use when needed. See § 37-92-402(11), 15 C.R.S. (1988 Supp.). The water court then concluded that the water rights owners had rebutted the presumption of abandonment by demonstrating a lack of intent to abandon those rights. The state and division engineers and Cottonwood Water and Sanitation District, which had appeared in the water court in support of the engineers' position, appealed. We affirm the judgment of the water court.